Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (WO-2020060295-A1) (see US2021257659A1 equivalent for referencing).
Regarding claim 1, Park discloses a gel polymer electrolyte for a secondary battery including a compound (see e.g., [0002], [0017]-[0022]), which corresponds to the electrolyte additive for a secondary battery, wherein the compound may be represented by formula 2b (see e.g., [0128], formula 2b). Formula 2b overlaps with the claimed formula 1. Annotated formula 2b shows how R1 is CH3, corresponding with the claimed alkyl group having 1 to 4 carbon atoms, R2 is 3 connected CH2 units, corresponding with the claimed alkylene group having 1 to 10 carbon atoms, R3 is CF3, corresponding with the claimed fluoro group, X corresponds with the claimed oxygen atom (O), and M is lithium corresponding with the claimed group including lithium.
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Regarding claim 2, Park discloses the electrolyte additive of claim 1. As above regarding claim 1, Park discloses wherein R1 is CH3 which is a methyl group (see e.g., Annotated formula 2b above regarding claim 1). R2 is C3H6 which corresponds with the claimed propylene group. R3 is CF3 which corresponds with the claimed fluoro group. X is an oxygen atom and M is lithium.
Regarding claim 4, Park discloses an electrolyte composition for a lithium secondary battery (see e.g., [0002], regarding gel polymer electrolyte composition for lithium secondary battery) comprising: a non-aqueous organic solvent (see e.g., [0019], [0077]-[0080], regarding non-aqueous organic solvent examples); a lithium salt (see e.g., [0018], [0070]-[0072], regarding lithium salt examples); and a compound which may be represented by formula 2b (see e.g., [0128], formula 2b). Formula 2b overlaps with the claimed formula 1. Annotated formula 2b shows how R1 is CH3 corresponding with the claimed alkyl group having 1 to 4 carbon atoms, R2 is 3 connected CH2 corresponding with the claimed alkylene group having 1 to 10 carbon atoms, R3 is CF3 corresponding with the claimed fluoro group, X corresponding with the claimed oxygen atom (O), and M is lithium corresponding with the claimed group including lithium.
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Regarding claim 5, Park discloses the electrolyte composition of claim 4. Park also discloses wherein the compound combined with an oligomer is provided in the electrolyte in a range of 0.1 wt% to 60 wt%, or most preferably 1 wt% to 20 wt%. Park further discloses a weight ratio of the oligomer to the compound is 0.2:99.8 to 99.8:02, or most preferably 40:60 to 80:20. Taking the most preferred ranges, the compound correlating with the claimed formula is found to be included in the electrolyte in an amount of 0.2 wt% to 12 wt%, which overlaps with the claim 0.01 to 3 wt%. Park further discloses in examples, such as example 6 and example 8-9, wherein of formula 2b which corresponds with the claimed formula is included in the electrolyte (see e.g., table 1, [0211], [0213], [0214]). For example 6, 1 g of compound with formula 2b is included such that the compound is included in an amount of 1 wt%. Similarly, examples 8-9 provide 2 g of the compound with formula 2b such that the compound is included in an amount of 2 wt% (see e.g., table 1).
Regarding claim 6, Park discloses the electrolyte composition of claim 4, wherein the lithium salt comprises one selected from the group consisting of LiCl, LiBr, Lil, LiClO4, LiBF4, LiB10Cl10, LiPF6, LiCF3SO3, LiCF3CO2, LiAsF6, LiSbF6, LiAlCl4 (see e.g., [0072]), which overlaps with the claimed group.
Regarding claim 7, Park discloses the electrolyte composition of claim 4, wherein the non-aqueous organic solvent comprises one or more selected from the group consisting of ethylene carbonate, propylene carbonate, 1,2-butylene carbonate, 2,3-butylene carbonate (see e.g., [0080]), dimethyl carbonate, diethyl carbonate (see e.g., [0081]), 1,3-dioxolane (see e.g., [0087]), which overlap with the claimed non-aqueous organic solvent group.
Regarding claim 8, Park discloses a lithium secondary battery comprising an electrode assembly having a positive electrode, a negative electrode, and a separator interposed between the positive electrode and the negative electrode (see e.g., [0171]), and the electrolyte of claim 4 (see e.g., [0169]). Park also discloses the positive electrode comprising an active material such as LiNi-0.5Mn0.3Co0.2O2 (see e.g., [0176]), which overlaps with formula 2 because x=1, y=0.5, z=0.3, w=0.2, v=0, such that y+z+w+v=1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO-2020060295-A1) (see US2021257659A1 equivalent for referencing).
Regarding claim 10, Park discloses the secondary battery of claim 8, wherein the negative electrode active material consists of a carbon material and a silicon material (see e.g., [0185]-[0187], regarding the negative electrode active material may include at least one selected from a group including a carbon material and a metal, wherein the metal may be selected from a group including silicon). The silicon material comprises of (Si), which overlaps with the claimed group of silicon material. KSR Rationale E states that it is obvious to choose "from a finite number of identified, predictable solutions, with a reasonable expectation of success". Therefore, it would have been obvious for one of ordinary skill in the art to select a carbon material and a silicon as the metal from the list of possible materials taught by Park. One of ordinary skill in the art would have been motivated to make this modification in order to provide a negative electrode with high conductivity without causing adverse chemical changes in the battery, and have a fine surface roughness to improve bonding strength with the negative electrode active material (see e.g., [0184]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO-2020060295-A1) (see US2021257659A1 equivalent for referencing), and further in view of Nakano (JP-2000082494-A) (see translation).
Regarding claim 3, Park discloses the electrolyte additive of claim 1. Park does not explicitly disclose the compound is one or more compounds selected from the claimed structural formula 1 to structural formula 120. However, Nakano discloses a compound to be used in a secondary battery electrolyte such as formula a1-2: ＣＨ2＝ＣＨＣＯ2ＣＨ2ＣＨ2ＳＯ2Ｎ-ＳＯ2ＣＦ3・Ｌｉ (see e.g., [0015]), which overlaps with the claimed structural formula 13. Nakano is further applicable because Nakano discloses in the general formula (see e.g., [0013], regarding chemical formula) that R1 may be hydrogen, R2 may be alkylene group, and R3 may be alkyl group (see e.g., [0014]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compound disclosed by Park by substituting the similar compound of ＣＨ2＝ＣＨＣＯ2ＣＨ2ＣＨ2ＳＯ2Ｎ-ＳＯ2ＣＦ3・Ｌｉdisclosed by Nakano. One of ordinary skill in the art would have been motivated to make this modification in order to achieve flame-retardant properties in the electrolyte with excellent ionic conductivity characteristics and excellent low-temperature characteristics, wherein the flame-retardant non-aqueous electrolyte secondary battery is less susceptible to corrosion of electrodes and current collectors, has excellent charge-discharge cycle characteristics, and has a long life (see e.g., [0005]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO-2020060295-A1) (see US2021257659A1 equivalent for referencing) as applied to claim 8 above, and further in view of Zhu (CN-109065951-A) (see translation).
Regarding claim 9, Park discloses the secondary battery of claim 8. Park does not explicitly disclose wherein the positive active material comprises one or more selected from the claimed group. However, Zhu discloses in an example wherein LiNi0.8Co0.1Mn0.1O2 is used as the positive electrode active material (see e.g., [0040]), which overlaps with one of the active materials from the claimed group. Zhu is further equivalent analogous art because Zhu discloses an electrolyte, wherein the electrolyte comprises of non-aqueous organic solvent, a lithium salt, and may have an additive (see e.g., [0011]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substituted the positive active material disclosed by Park with the positive active material of LiNi0.8Co0.1Mn0.1O2 disclosed by Zhu to improve interfacial properties, inhibit gas production, reduce internal resistance change, enhance high-temperature storage charge retention capability, and further improve cycle life (see e.g., [0009]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO-2020060295-A1) (see US2021257659A1 equivalent for referencing) as applied to claim 10 above, and further in view of Woehrle (DE-102012209313-A1) (see translation).
Regarding claim 11, Park discloses the secondary battery of claim 10. Park does not explicitly disclose wherein the silicon material is present in an amount of 1 to 20 wt% with respect to the total weight of the negative electrode active material. However, Woehrle discloses silicon contained in a negative electrode as an intercalation material corresponding to an active material, wherein silicon is contained in an amount of 1 wt% to 90 wt% (see e.g., [0050]). Woehrle further specifies the preferred range of 5 wt% to 25 wt% of silicon (see e.g., [0051]), which closely overlaps with the claimed 1 to 20 wt% with respect to the total weight of the negative electrode active material. Woehrle is further applicable to Park because Woehrle also discloses the other material in the negative electrode active material may be carbon (see e.g., [0051]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided 5 wt% to 25 wt% of silicon disclosed by Woehrle in the negative electrode active material disclosed by Park to significantly increase specific capacity and improve cycling behavior (see e.g., [0048]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728